Klewer v Coffs Harbour City Council

[2005] HCATrans 125

[2005] HCATrans 125

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S6 of 2004

B e t w e e n -

LUCY KLEWER

Applicant

and

COFFS HARBOUR CITY COUNCIL

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 10 MARCH 2005, AT 9.26 AM

Copyright in the High Court of Australia

GUMMOW J:   The Supreme Court of New South Wales dismissed an application for an order that the two dogs held in the pound of the respondent Council be returned to the applicant and for an order that the Council be restrained from disposing of the dogs in the meantime.  In the events that have happened, the dogs have been released to the RSPCA and are no longer in the control of the Council.

An application for leave to appeal from the decision of the primary judge was dismissed by the Court of Appeal.

The litigation turns upon the application to the facts of the provisions of the Companion Animals Act 1998 (NSW).

The application to this Court is brought out of time.  The application for extension of time should be refused because there are no prospects of success in demonstrating on a special leave application that the Court of Appeal erred in its treatment of the matter.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order refusing the application for extension of time and dismissing the application with costs.

I publish the disposition signed by Justice Kirby and myself.

AT 9.27 AM THE MATTER WAS CONCLUDED